Summary of Issue: Charter

Decision 65430 Full Text of Decision 65430

Since the claimant had a temporary status, his vacation pay was paid at the end of his term of employment and as such, was allocated in accordance with Paragraphs 35(2) and 36(9) of the EI Regulations. The claimant contends that the Regulations amount to unfair discrimination under Paragraph 15(1) of the Canadian Charter of Rights and Freedoms. However, it is well established that a distinction based solely on an employee's status is not discriminatory.

Decision A-0144.98 Full Text of Decision A-0144.98

To avoid closure of the firm where the claimants had been working, they each contributed $10,000, and agreed to pay $18,182 over a 10-year period. Meanwhile, they had volunteered long hours of their time to attempt to save the business. It was determined that the claimants were not unemployed, because they worked full working weeks under section 43(1)(a) of the Regulations. Decision upheld [by] the Umpire. FCA agreed with the Umpire's decision and stated that the question to be answered in all these cases was whether the claimants had worked full working weeks. FCA found that, under the circumstances, the answer to this question remained the same, whether section 43 or 44 of the Regulations was applied.

Decision A-0454.92 Full Text of Decision A-0454.92

As to whether the Regulations cannot properly allocate earnings to a period different from that in which actually earned, we cannot improve on GIROUX: Para. 58(q) gives the Commission the power to make regulations, this would deny the Commission such power. Dismissed by FCA. Leave to appeal denied by SC.

Decision 22599A Full Text of Decision 22599A

Held that the different treatment accorded claimant's retirement allowance under the Income Tax Act and the Unemployment Insurance Act is not a distinction amounting to discrimination under the Charter, and that the provisions of the UI Regulations are valid.

Decision 22173 Full Text of Decision 22173

Due to her financial situation, claimant opted to request her vacation pay in 5-91. Reg. 58(8) does not discriminate between people on the basis of their financial circumstances. Anyone who is paid vacation pay in the circumstances outlined in that regulation will have it allocated, rich or poor.

Decision 15501 Full Text of Decision 15501

Refer to: A-0923.88

Decision A-0923.88 Full Text of Decision A-0923.88

Claimant argues that the authority of para. 44(q) is limited to earnings falling in periods of unemployment and quotes VENNARI while vacation pay is earnings for weeks of employment. I find no merit in that argument. Reasoning in VENNARI explained.

Decision 16457 Full Text of Decision 16457

The fact that income tax legislation allows for the settlement amounts to be excluded from claimant's income is not relevant to his UI claim. Pursuant to 58(q) of UI Act, the Commission may make regulations defining earnings and has done so in 57(2)(a) and 58(5).

Decision 16443 Full Text of Decision 16443

The Ontario Employment Standards Act states that severance pay shall be allocated to the 2 weeks following separation. Reg. 58(10.1) is valid under 58(q) of the UI Act and must be given effect. In no way are these 2 pieces of legislation in conflict. They have different purposes.

Decision A-0527.87 Full Text of Decision A-0527.87

As per VENNARI, if vacation pay is paid for weeks of work during which it had been earned, s. 15 does not apply since it refers to weeks of unemployment. This reasoning is not convincing. It does not take into consideration the regulating power of the Commission under 44(q). Para. 44(q) gives the Commission the power determine the week in which earnings were made and to what week they must be allocated, even if they were in payment for work done previously. To hold otherwise appears to deny the Commission the power to allocate given under the Act.

Decision 13165 Full Text of Decision 13165

Refer to: A-0086.87

Decision A-0086.87 Full Text of Decision A-0086.87

The Commission has been authorized by Parliament to make regulations defining earnings for benefit purposes. This review seeks to set aside a decision regarding severance pay.

Decision 14047 Full Text of Decision 14047

Reg. 57(2)(c), 57(4) and 58(11) dealing with wage-loss. I see no reason why the same reasoning (as in COTE) should not apply to s.58(r) of the Act so as to justify other subsections in reg. 57. Reg. 57 does not contravene the Charter.

Decision 14044 Full Text of Decision 14044

I do not find the amendments to Reg. 57 and 58 (effective 31-3-85 on vacation pay) are in contravention of the Charter. They were made pursuant to s.58(q) of the Act. Regulations equally applicable to all claimants subject to them.

Decision 12002 Full Text of Decision 12002

Refer to: A-0261.86

Decision A-0261.86 Full Text of Decision A-0261.86

Authority in 44(q) examined but not discussed. The term earnings is not defined in the Act. To this end, reg. 57 was adopted for the determination of earnings while 58 was adopted for the purpose of their allocation. See comments from Justice Thurlow.

Decision 12657 Full Text of Decision 12657

Reg. 57 as amended 1-86. Clearly the Commission with the approval of the Governor in Council had the power to amend, as it did, reg. 57 which determines earnings for benefit purposes.

Decision A-0178.86 Full Text of Decision A-0178.86

The Commission could not provide that the family allowances constitute earnings because there is no connection with work done. It has the power to enact, as it did, that sickness or disability payments constitute earnings. Amendment in 1-86 based on 44(q) with respect to pension. A regulatory power is vested in the CEIC, not only a power to specify and clarify. It has the power to include within earnings income which is not in that category but which resembles it. Leave to appeal dismissed by SC.

Decision A-0263.78 Full Text of Decision A-0263.78

Those two questions (whether the payment was earnings and whether in respect of a week of unemployment) must be answered in the light of regs. 172 and 173 which were adopted pursuant to 58(q) of the Act. That section empowers the Commission to make regulations defining earnings.